87th Legislative Session _ 2012
Committee: Senate Health and Human Services
Monday, February 06, 2012
P - Present
E - Excused
A - Absent
Roll Call
P Bradford
P Holien
P Krebs
P Rampelberg
P Schlekeway
P Kraus, Vice-Chair
P Hunhoff (Jean), Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Jean Hunhoff, Chair.
MOTION: TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 1, 2012
Moved by: Krebs
Second by: Rampelberg
Action: Prevailed by voice vote.
SB 176: establish a program to assist rural health care facilities in recruiting certain
health care professionals and to repeal certain provisions regarding recruitment
incentive payments for health care professionals.
Presented by: Doneen Hollingsworth, Department of Health (Handouts: #1)
Proponents: Dennis Duncan, SD Health Care Association/Trans Canada
Rebekah Cradduck, SD Association of Healthcare Organizations
MOTION: DO PASS SB 176
Moved by: Kraus
Second by: Rampelberg
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Bradford, Holien, Krebs, Rampelberg, Schlekeway, Kraus, Hunhoff (Jean)
SB 177: establish a program to assist rural communities to recruit certain health care
professionals and to repeal certain provisions regarding the physician and the dentist
tuition reimbursement programs.
Presented by: Doneen Hollingsworth, Department of Health (Handouts: #2)
Proponents: Paul Knecht, SD Dental Association
Rebekah Cradduck, SD Association of Healthcare Organizations
Mark East, SD State Medical Association
MOTION: AMEND SB 177
177ja
On page 2, line 15, of the printed bill, after "general" insert "or pediatric".
Moved by: Kraus
Second by: Holien
Action: Prevailed by voice vote.
MOTION: DO PASS SB 177 AS AMENDED
Moved by: Schlekeway
Second by: Krebs
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Bradford, Holien, Krebs, Rampelberg, Schlekeway, Kraus, Hunhoff (Jean)
MOTION: AMEND TITLE OF SB 177
177jta
On page 1, line 2, of the printed bill, after "physician" insert ", the midlevel,".
Moved by: Krebs
Second by: Holien
Action: Prevailed by voice vote.
SB74 CONTINUED FROM WEDNESDAY, FEBRUARY 1, 2012
SB 74: require the direct billing of anatomic pathology services.
Proponents: Warren Redmond, Self, Aberdeen
Opponents: Matthew Witte, Self, Sioux Falls (teleconference) (Handouts: #3)
Mike Gillett, Self, Sioux Falls (teleconference) (Handouts: #4)
Joseph Wyatt, Self, Pierre (Handouts: #5, #6, #7, #8)
Jeremiah Murphy, SD Association of Clinical Urologists
MOTION: DO PASS SB 74
Moved by: Kraus
Second by: Bradford
Action: Withdrawn.
MOTION: AMEND SB 74
74ja
On page 3, line 6, of the printed bill, delete "in instances whenever" and insert "when".
On page 3, line 7, delete "for purposes of this section".
Moved by: Kraus
Second by: Rampelberg
Action: Prevailed by voice vote.
MOTION: DO PASS SB 74 AS AMENDED
Moved by: Kraus
Second by: Bradford
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER SB 74 TO THE 41ST LEGISLATIVE DAY
Moved by: Krebs
Second by: Holien
Action: Prevailed by roll call vote. (5-2-0-0)
Voting Yes: Holien, Krebs, Rampelberg, Schlekeway, Hunhoff (Jean)
Voting No: Bradford, Kraus
SB173 CONTINUED FROM WEDNESDAY, FEBRUARY 1, 2012
SB 173: provide provisions allowing for the practice of medical-aesthetic services
by trained professionals, to provide registration and oversight of such providers,
and to provide a penalty therefor.
Proponents: Senator Elizabeth Kraus
Senator Stanford Adelstein
Susan Eliason, Self, Rapid City (Handouts: #9)
Warren Redmond, Self, Aberdeen (Handouts: #10)
Gene Burrish, Self, Sioux Falls (teleconference)
Mark East, SD State Medical Association (Handouts: #11, #12, #13)
Opponents: Robert Riter, Indoor Tanning Association
Zach Neugebauer, Self, Sioux Falls (Handouts: #14, #15, #16)
Pat Chadeitar, Self, Sioux Falls
Denny Neugebauer, Self, Sioux Falls
Jim Hood, SD Retailers Association
MOTION: AMEND THE PENDING AMENDMENT
173jc
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. Terms as used in this chapter mean:
(1) "Tanning device," equipment that emits electromagnetic radiation having wavelengths in
the air between two hundred and four hundred nanometers and that is used for tanning
human skin. The term does not include a phototherapy device used by a physician
licensed pursuant to chapter 36-4 that emits ultraviolet radiation and is used in treating
disease;
(2) "Tanning facility," a place or business that provides access to a tanning device.
Section 2. Each tanning facility shall:
(1) Post a warning sign in a place that is readily available to persons entering the
establishment. The sign must contain each of the following provisions in clear and legible
lettering:
(a) Danger - Ultraviolet Radiation;
(b) Follow the manufacturer's instructions for use of this device;
(c) Avoid overexposure. As with natural sunlight, overexposure can cause eye and
skin injury and allergic reactions. Repeated exposure to ultraviolet radiation may
cause chronic skin damage characterized by wrinkling, dryness, fragility, bruising
of the skin, and skin cancer;
(d) Do not sunbathe before or after exposure to ultraviolet radiation from sunlamps;
(e) Wear protective eyewear. Failure to use protective eyewear may result in severe
burns or permanent injury to the eyes; and
(f) Medications or cosmetics may increase your sensitivity to the ultraviolet radiation.
Consult a physician before using a sunlamp if you are using medications, have a
history of skin problems or believe you are especially sensitive to sunlight. Women
who are pregnant or are taking oral contraceptives who use this product may
develop discolored skin;
(2) Give written notice of each of the following provisions to each customer:
(a) Failure to wear United States Food and Drug Administration approved protective
eyewear may damage the customer's eyes and cause cataracts;
(b) Ultraviolet radiation from tanning devices may aggravate the effects of the sun
thus, it is not recommended to sunbathe during the twenty-four hours immediately
preceding or immediately following the use of a tanning device;
(c) Overexposure to a tanning device may cause burns;
(d) Repeated exposure to a tanning device may cause premature aging of skin and skin
cancer;
(e) Abnormal skin sensitivity of burning of the skin while using a tanning device may
be caused by the following:
(i) Certain foods;
(ii) Certain cosmetics;
(iii) Certain medications, including tranquilizers, diuretics, antibiotics, high
blood pressure medicines, and birth control pills;
(f) Any person who takes a medication or drug should consult a physician before using
a tanning device;
(g) Any person with skin that burns easily or never tans should avoid a tanning device;
and
(h) Any person with a family or past medical history of skin cancer should avoid a
tanning device.
Section 3. A trained operator shall be present when tanning equipment is operated. The operator
must be within hearing distance to allow the customer to easily summon help if necessary or the
customer must have access to an intercom or buzzer for the operator. The operator must be able to
reach the customer within one minute.
Section 4. Tanning equipment must have a control that enables the user to manually terminate
radiation without pulling the electrical plug or coming in contact with the ultraviolet lamp. The
tanning facility shall replace tanning device bulbs at the intervals required by the manufacturer or
when a bulb burns out or is defective. The bulbs shall be replaced with a kind intended for use in that
device or with lamps or filters considered equivalent under the United States Food and Drug
Administration regulations at the time the bulb is replaced. The tanning facility shall visibly post the
date of each bulb replacement on each tanning device. The tanning facility shall maintain records
of tanning device maintenance and shall make all records available to customers on request.
Section 5. The tanning facility shall sanitize all contact surfaces of a tanning device after each
use. The facility shall place a visible sign on the tanning device after each cleaning to indicate that
it has been properly cleaned. The facility shall sanitize each bathroom and dressing room used by
customers each day and shall provide each customer with clean towels and wash cloths.
Section 6. Operators shall limit session duration and frequency to maximums recommended by
the manufacturer.
Section 7. No customer under the age of eighteen may use a tanning device at a tanning facility
unless the customer's parent or guardian signs a written consent form in the presence of the owner
or an employee of the tanning facility prior to the first tanning session. The parent or guardian shall
specify the start date and end date for the consent on the form. Each consent form is valid for a
maximum of one year. The consent form shall include each of the provisions under section 2 of this
Act.
Section 8. The facility shall retain each parent or guardian's consent form for three years, or until
a new consent form is signed.
Section 9. A tanning facility may not advertise or distribute promotional materials that claim that
using a tanning device is safe or free from risk or that the use of a tanning device will result in
medical or health benefits. A tanning facility may only claim or distribute promotional materials that
claim that a tanning device is for cosmetic use only.
Section 10. A municipality may adopt an ordinance to regulate tanning facilities as long as the
requirements in the ordinance are no less stringent than the requirements provided in this Act."
Moved by: Krebs
Second by: Holien
Action: Prevailed by voice vote.
MOTION: DEFER SB 173 TO THE 41ST LEGISLATIVE DAY
Moved by: Krebs
Second by: Holien
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Bradford, Holien, Krebs, Rampelberg, Schlekeway, Hunhoff (Jean)
Voting No: Kraus
RECESS UNTIL AFTER SENATE ADJOURNS ON MONDAY, FEBRUARY 6, 2012
RESUMED MEETING AT 4:00 PM IN ROOM 414
SB 119: revise the Human Relations Act to allow certain discriminatory practices
to be investigated by municipalities and counties.
Presented by: Senator Stanford Adelstein
Proponents: Tiffany Campbell, American Civil Liberties Union of SD (Handouts: #17, #18,
#19)
Mitch Richter, Equality South Dakota
Karl Kroger, Self, Pierre
Opponents: Cindy Flakoll, Concerned Women For America
Travis Benson, Catholic Diocese of Sioux Falls
Dale Bartscher, Family Heritage Alliance Action Inc.
Rita Houglum, Eagle Forum
MOTION: AMEND SB 119
119ja
On page 1, line 6, of the printed bill, delete "gender identity,".
On page 3, line 10, delete everything after "(10)" .
On page 3, delete lines 7 and 8.
On page 3, line 9, delete "(11)".
On page 3, line 13, delete "(11)(12)" and insert "(11)".
On page 3, line 19, delete "(12)(13)" and insert "(12)".
On page 4, line 3, delete "(13)(14)" and insert "(13)".
On page 4, line 7, delete "(14)(15)" and insert "(14)".
On page 4, line 10, delete "(15)(16)" and insert "(15)".
On page 4, line 13, delete "(16)(17)" and insert "(16)".
On page 4, line 14, delete "(18)" and insert "(17)".
Moved by: Kraus
Second by: Holien
Action: Prevailed by voice vote.
MOTION: DEFER SB 119 TO THE 41ST LEGISLATIVE DAY
Moved by: Kraus
Second by: Schlekeway
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Holien, Krebs, Rampelberg, Schlekeway, Kraus, Hunhoff (Jean)
Voting No: Bradford
SB 125: require certain day care providers to mail notices of noncompliance.
Presented by: Senator Angie Buhl
Opponents: Randall Steward, Apple Tree Children's Center, Sioux Falls
MOTION: AMEND SB 125
125sc
On page 1, line 7, of the printed bill, after "provider" delete "," and insert "or".
On page 1, line 7, delete ", or a day care center".
On page 1, line 8, delete "is out of compliance with" and insert "has a substantial violation of".
On page 1, line 8, delete "Article".
On page 1, line 9, delete "67:42" and insert "chapters 67:42:03 or 67:42:04 relating to staff to
child ratios, qualifications, health, safety, sanitation, or nutrition,".
On page 1, line 9, after "notice" insert ", within thirty days of the determination,".
On page 1, line 12, delete everything after "corrected." .
On page 1, line 13, delete everything before "The" .
On page 2, line 2, after "." insert "The written notice of a determination may be sent by
electronic mail.".
Moved by: Rampelberg
Second by: Schlekeway
Action: Prevailed by voice vote.
THE CHAIR DEFERRED SB 125 UNTIL WEDNESDAY, FEBRUARY 8, 2012
MOTION: ADJOURN
Moved by: Schlekeway
Second by: Rampelberg
Action: Prevailed by voice vote.
Cindy Louder
____________________________
Committee Secretary
Jean M. Hunhoff, Chair
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